Jones WaldoJones Waldo is a Utah law firm with three departments in business law, real estate law and litigation.http://www.joneswaldo.comWhat's Wrong with a Right?http://www.joneswaldo.com/spotlight/real-estate-law/267/What%27s+Wrong+with+a+Right%3F
ROFRs are specialized agreements used when there is a reason to restrict the sale of property. For example, Farmer John may agree to sell a portion of his farm to Jane, but he may want the right to buy it back if Jane ever decides to sell the property, and will require that Jane grant him a ROFR. A ROFR might also be used when family members wish to keep certain property in the family. While the holder of an option to purchase property can force a sale against an unwilling owner, the holder of ...Utah Protections From Cleanup Liability for Prospective Purchasers http://www.joneswaldo.com/spotlight/real-estate-law/240/Utah+Protections+From+Cleanup+Liability+for+Prospective+Purchasers+
Bona Fide Prospective Purchaser (BFPP) Defense&nbsp;&nbsp;
Obtain Phase I Report prior to purchase;
Acquire property with knowledge of contamination;
All contamination took place before the property purchase;
Purchaser takes reasonable steps.
Contiguous Property Owner (CPO) Defense&nbsp;&nbsp;
Obtain Phase I Report prior to purchase;
No knowledge prior to purchase of contamination migrating from other property;
Owner has not caused or contributed to the release; and
Owner ta...What Every Commercial Tenant Should Know About Lease Subordination and Attornmenthttp://www.joneswaldo.com/spotlight/real-estate-law/241/What+Every+Commercial+Tenant+Should+Know+About+Lease+Subordination+and+Attornment
Under the general law of estates, if the lease is recorded or if the tenant is in possession of the leasehold premises before the recording of a mortgage, the lease has priority over the after-granted mortgage or trust deed.&nbsp; A subordination clause in the lease turns this priority on its head.&nbsp; The subordinating tenant agrees that if the landlord&rsquo;s lender forecloses, the mortgage will take priority over the lease.&nbsp; Subordination clauses are standard in almost every com...Can Landlords Terminate Leases When Tenants Fail To Comply With The Letter of the Lease?http://www.joneswaldo.com/spotlight/real-estate-law/238/Can+Landlords+Terminate+Leases+When+Tenants+Fail+To+Comply+With+The+Letter+of+the+Lease%3F
Traditional property law was one of strict enforcement and sometimes harsh results.&nbsp; However, modern courts have borrowed from contract law a general policy disfavoring forfeitures, such as termination of leasehold rights. &nbsp;In Utah, that takes the form of the doctrine of &ldquo;substantial compliance&rdquo;&mdash;if the tenant substantially complies with the lease terms, the courts will not enforce landlord&rsquo;s termination rights.
To determine if a tenant has substantia...